ETV Bharat / business

Parliament passes bill to amend Insolvency and Bankruptcy Code

Nirmala Sitharaman said the liquidation of a company is not the sole agenda of the Insolvency and Bankruptcy Code.

Nirmala Sitharaman in Lok Sabha
author img

By

Published : Aug 1, 2019, 5:30 PM IST

Updated : Aug 1, 2019, 7:59 PM IST

New Delhi: Parliament on Thursday approved changes in the three-year old Insolvency and Bankruptcy Code (IBC) providing greater clarity over distribution of proceeds of auction of loan defaulting companies, with the Lok Sabha passing the Bill with voice vote.

Piloted by Finance Minister Nirmala Sitharaman, the Insolvency and Bankruptcy Code (Amendment) Bill 2019 gives committee of creditors of a loan defaulting company explicit authority over the distribution of proceeds in the resolution process and fixes a firm timeline of 330 days for resolving cases referred to the IBC.

The amendments, she added, would also bring in more clarity on various provisions, including time-bound disposal at the application stage for resolution plan and treatment of financial creditors.

As many as seven sections of the Code are being amended.

Once the Corporate Insolvency Resolution Process (CIRP) begins, it has to be completed in 330 days, including litigation stages and judicial process, the minister said, citing the proposed amendments.

Among others, the approved resolution plan would be binding on central and state governments as well as various statutory authorities.

Sitharaman said proposed amendments also responds to issues pertaining to financial creditors in the wake of a recent ruling with respect to financial and operational creditors.

Recently, the National Company Law Appellate Tribunal (NCLAT) had ruled in the Essar Steel Ltd's case that the Committee of Creditors (CoC) had no role in distribution of claims and brought lenders (financial creditors) and vendors (operational creditors) on par.

Sitharaman quoted a Supreme Court judgement to say that with implementation of the Code, there is no longer a defaulter's paradise.

Read More: Insolvency law amendments to ensure greater timeliness: Nirmala Sitharaman

Referring to the issue of home buyers raised by some opposition members, the Minister said the provisions of the bill strengthen the hands of homebuyers and the government would endeavour to do full justice to them.

The government, she added, was also looking at ways to resolve the issue concerning buyers of flat from JP Group companies.

On issues concerning Jet Airways, the Minister said that the stakeholders were free to work out resolution plan and they were not obliged to use the IBC which is optional.

She further added that the issue of inclusion of cross- border insolvency under the IBC is under examination and the government will take a view after consulting the stakeholders.

The bill was passed by Rajya Sabha on Monday.

Earlier, participating in the debate, Gaurav Gogoi (Congress) said the performance of the Insolvency Bankruptcy Code has been a mixed bag.

Gogoi also raised concern about liquidation of companies, especially the ones in the real estate sector that also puts home buyers' life savings at risk.

Sanjay Jaiswal (BJP) said the IBC has improved the Ease of Doing Business.

M Srinivasulu Reddy (YSR Congress) referred to the death of Cafe Coffee Day founder V G Siddhartha and said industries are sick because of business failures.

He said while the government is working towards 'Ease of Doing Business', there is an increase in 'Difficulties in Doing Business'.

There is a fear psychosis in the minds of businesses which has to be addressed, Reddy said.

"Asses and horses are in the same stable," Reddy said, noting that the government is looking at honest and dishonest business through the same prism.

New Delhi: Parliament on Thursday approved changes in the three-year old Insolvency and Bankruptcy Code (IBC) providing greater clarity over distribution of proceeds of auction of loan defaulting companies, with the Lok Sabha passing the Bill with voice vote.

Piloted by Finance Minister Nirmala Sitharaman, the Insolvency and Bankruptcy Code (Amendment) Bill 2019 gives committee of creditors of a loan defaulting company explicit authority over the distribution of proceeds in the resolution process and fixes a firm timeline of 330 days for resolving cases referred to the IBC.

The amendments, she added, would also bring in more clarity on various provisions, including time-bound disposal at the application stage for resolution plan and treatment of financial creditors.

As many as seven sections of the Code are being amended.

Once the Corporate Insolvency Resolution Process (CIRP) begins, it has to be completed in 330 days, including litigation stages and judicial process, the minister said, citing the proposed amendments.

Among others, the approved resolution plan would be binding on central and state governments as well as various statutory authorities.

Sitharaman said proposed amendments also responds to issues pertaining to financial creditors in the wake of a recent ruling with respect to financial and operational creditors.

Recently, the National Company Law Appellate Tribunal (NCLAT) had ruled in the Essar Steel Ltd's case that the Committee of Creditors (CoC) had no role in distribution of claims and brought lenders (financial creditors) and vendors (operational creditors) on par.

Sitharaman quoted a Supreme Court judgement to say that with implementation of the Code, there is no longer a defaulter's paradise.

Read More: Insolvency law amendments to ensure greater timeliness: Nirmala Sitharaman

Referring to the issue of home buyers raised by some opposition members, the Minister said the provisions of the bill strengthen the hands of homebuyers and the government would endeavour to do full justice to them.

The government, she added, was also looking at ways to resolve the issue concerning buyers of flat from JP Group companies.

On issues concerning Jet Airways, the Minister said that the stakeholders were free to work out resolution plan and they were not obliged to use the IBC which is optional.

She further added that the issue of inclusion of cross- border insolvency under the IBC is under examination and the government will take a view after consulting the stakeholders.

The bill was passed by Rajya Sabha on Monday.

Earlier, participating in the debate, Gaurav Gogoi (Congress) said the performance of the Insolvency Bankruptcy Code has been a mixed bag.

Gogoi also raised concern about liquidation of companies, especially the ones in the real estate sector that also puts home buyers' life savings at risk.

Sanjay Jaiswal (BJP) said the IBC has improved the Ease of Doing Business.

M Srinivasulu Reddy (YSR Congress) referred to the death of Cafe Coffee Day founder V G Siddhartha and said industries are sick because of business failures.

He said while the government is working towards 'Ease of Doing Business', there is an increase in 'Difficulties in Doing Business'.

There is a fear psychosis in the minds of businesses which has to be addressed, Reddy said.

"Asses and horses are in the same stable," Reddy said, noting that the government is looking at honest and dishonest business through the same prism.

ZCZC
PRI COM ECO ESPL
.MUMBAI DCM10
BIZ-WGC-INDIA
India's Q2 gold demand rise 13 pc to 213 tonne: WGC
          Mumbai, Aug 1 (PTI) Gold demand in India went up by 13 per cent during Aril-June period of this year to 213.2 tonne mainly driven by attractive prices and more number of auspicious days, World Gold Council (WGC) said in a report.
          The overall demand in the country had stood at 189.2 tonne during the second quarter of 2018, according to WGC's Q2 Gold Demand Trends report.
          In value terms, gold demand was up 17 per cent during the second quarter at Rs 62,422 crore, compared to Rs 53,260 crore in the same quarter of 2018.
          "India's gold demand in Q2 2019 grew by a healthy 13 per cent underpinned by robust trade promotions, a higher number of auspicious days and a positive consumer response to softer prices in April and May," WGC Managing Director, India, Somasundaram PR told PTI here.
          Total jewellery demand for the second quarter of this year (April-June), increased by 12 per cent at 168.6 tonne compared to 149.9 tonne a year ago.
          The value of jewellery demand was up 17 per cent at Rs 49,380 crore in the period under consideration, from Rs 42,200 crore last year.
          Total investment demand for the quarter under review was at 44.5 tonne, up by 13 per cent in comparison to 39.3 tonne last year.
          In value terms, gold investment demand in April-June this year was Rs 13,040 crore, up by 18 per cent from Rs 11,060 crore in the same period last year.
          Total gold recycled in India grew by 18 per cent to 37.9 tonne, from 32 tonne in the same quarter of 2018.
          "Significantly, bar and coin demand grew to a 5-year high in Q2. However, the price rise in June and an unfounded expectation of a import duty cut in the fiscal budget, brought demand to a virtual standstill when the quarter ended," Somasundaram said.
          Overall, gold demand in India, in the first half of 2019, was 372.2 tonnes, 9 per cent higher than the same period last year, despite a slowing economic environment and restrictions on the movement of cash during the election season, he said.
          Meanwhile, Somasundaram said, the Reserve Bank of India purchased 17.7 tonne gold compared to 8.1 tonne in 2018.
          Talking about imports, he said that the shipments into the country will be lower as the supply is more than the demand.
          "We have seen excess supply since Q1 of 2017. Imports is likely to be lower as organised players will be cautious. We believe that there will be destocking but the demand will not be affected. Recycling will continue to grow following higher gold prices," he added.
          Akshaya Tritiya purchases along with favourable prices were two major factors driving up demand in first half of 2019, he pointed out.
          "We do not expect the hike in customs duty to have a long term impact on gold in India, although it will have a dampening impact on demand in Q3. We continue to estimate India's full year gold demand to be in range of 750 to 850 tonnes in 2019," he added. PTI SM
DRR
08011121
NNNN
Last Updated : Aug 1, 2019, 7:59 PM IST
ETV Bharat Logo

Copyright © 2024 Ushodaya Enterprises Pvt. Ltd., All Rights Reserved.